§ 16.20.070. Section 106 amended—Violations.

Sections 106.1 through 106.5 of the International Property Maintenance Code are replaced with the following:

106.1 Unlawful acts. It is unlawful for any person to erect, install, alter, repair, relocate, add to, replace, demolish, use, occupy or maintain any building or structure, or cause or permit the same to be done, in violation of this code.

106.2 Violation. Any person committing or permitting a violation of this code commits a separate offense for each day or part of a day during which the violation exists. Offenses are punishable according to chapter 1.12 of the Longmont Municipal Code.

106.3 Violation penalties. Imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall correct or remedy such violations or defect within a reasonable time. In addition to any other penalties, any violation of this code is a public nuisance and shall be enjoined by a court of competent jurisdiction. For provisions relating to public nuisance see Longmont Municipal Code chapter 9.04. Nothing in this code shall prevent the city attorney from seeking appropriate legal or equitable relief from any court of competent jurisdiction. The chief building official shall certify, to the city clerk, as a proposed charge and lien against the subject property, the cost, plus a twenty percent administrative service charge, of any such action taken pursuant to such court action or pursuant to the following sections of the International Property Maintenance Code:

Section 108.1.3, Closing of vacant structures unfit for human habitation and occupancy, or

Section 110.3, Demolition of structures dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, that are un-repairable, un-repaired or on which normal construction has ceased for more than two years.

106.4. Notice of Assessment; Appeal of Charges.

(a)

Upon receipt of the statement of charges, the city clerk shall mail to the owner of record of the subject property a notice, stating the amount and grounds for the charges; that the City proposes to assess the charges against the property; and that, pursuant to section 16.30.040 of Longmont Municipal Code, any objections to the proposed assessment must be made in writing and filed with the office of the city clerk within fourteen (14) days from the date of receipt of such notice. Upon the expiration of the fourteen (14) day period, if the city clerk receives no objections, the finance director shall, pursuant to C.R.S § 31-20-105, certify such charges to the office of the treasurer of the county that includes the property, for collection in the same manner as taxes authorized by C.R.S. tit. 31.

(b)

If the property owner files an appeal with the city clerk before the expiration of the fourteen (14) day period, the finance director shall refer the matter to the master board of appeals for determination, according to chapter 16.30 of the Longmont Municipal Code.

(c)

Upon conclusion of administrative review, the master board of appeals shall determine, in writing, whether the charges are proper. The city shall have the burden of proof, by a preponderance of the evidence. According to that determination, the master board of appeals shall affirm, cancel or reduce the charges. The master board of appeals shall furnish a copy of this determination to the person making the objections, together with a notice of such person's right to appeal to the District Court, according to chapter 16.30 of the Longmont Municipal Code.

(d)

The master board of appeals, on appeal, may reduce or cancel a proposed assessment if it is determined that any of the following did not conform to the provisions of this Ordinance:

(1)

Any required notice to correct the subject violations; or

(2)

The work performed in abating the nuisance; or

(3)

The computation of charges.

(e)

Upon a final determination by the master board of appeals affirming or reducing the charges, the City Clerk shall certify a copy of the determination to the finance director, who shall certify such charges to the office of the treasurer of the county, as provided above.

(Ord. No. O-2019-02 , § 6, 1-8-2019)